Interim Payments in Personal Injury Compensation Claims
Should be unfortunate enough to suffer a personal injury this may prevent you from returning to work on either a temporary or permanent basis. This in turn is likely to lead to a significant loss of income. In addition you may face extra expense as a direct consequence of the injury you have sustained which can lead to significant financial hardship.
In such circumstances it may be possible to obtain an interim payment of compensation to address short term needs until the claim itself can be resolved.
Where the other party accepts that it was at fault it will often be possible to obtain an interim payment on a voluntary basis. This is particularly where the money will be used to help fund rehabilitation, or where you have suffered significant financial loss. Where the defendant refuses to make an interim payment on a voluntary basis it will be necessary to apply to the Court for a payment. Such an Application will only be possible where Court proceedings have been issued in the claim itself. In addition the Court must be satisfied that:
- The other party has either admitted liability or it is satisfied that if the claim went to trial you would obtain Judgment for a substantial amount of money against the other party;
- The sum requested represents a reasonable proportion of the sum likely to be awarded at the conclusion of the claim;
- There are reasonable grounds for seeking the interim payment.
It is possible to seek an Order for an interim payment on more than one occasion although the same rules will apply. The interim payments will also be deducted from any final award of compensation which is agreed between the parties or awarded at Court.
At Sintons our specialist personal injury lawyers have a wealth of experience in pursuing complex and high value accident and disease compensation claims. In addition we have submitted many successful Applications for interim payments on behalf of clients where money is required before the compensation claim is concluded.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.